R-884 - 08/24/2004 - BOARD - Resolutions Supporting Documents•
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 24, 2004
SUBJECT: Release of Closed Meeting Minutes to the General Public from January,
through June, 2004
FROM: Linda K Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Resolution 2004-BD-CL- MIN- EXI -R-
884, A Resolution Approving the Release of Closed Meeting Minutes
Back2round/History:
The Board was requested at their July 27, 2004 meeting and their August 10, 2004 meeting to
approve "A Resolution Approving the Release of Closed Meeting Minutes ". At the Board
meeting of July 27, 2004 that Agenda Item was tabled. At the August 10, 2004 Board meeting
the Board approved the following motion: to release the part of the minutes that relate too the
subject under discussion and be free to discuss this in open session." I have conferred with
Village Attorney Carden and she concurs that this is not clearly defined as to the release of
closed meeting minutes from January through June, 2004 as was requested Therefore, iI have
brought this agenda item back to the Board for the approval as requested.
Recommendation:
That the Board approve Resolution 2004- BD -CL- MIN -EX1-R -884, A Resolution Approving the
Release of Closed Meeting Minutes from January, 2004 through June, 2004.
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8 B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2004- BD -CL- MIN -EXI -R -884, "A RESOLUTION
APPROVING THE RELEASE OF CLOSED MEETING MINUTES " —
JANUARY, 2004 THROUGH JUNE, 2004 !
The Board was requested at their July 27, 2004 meeting and their August 10,
2004 meeting to approve "A Resolution Approving the Release of Closed
Meeting Minutes ". At the Board meeting of July 27, 2004 that Agenda Item was
tabled. At the August 10, 2004 Board meeting the Board approved the following
motion: "to release the part of the minutes that relate to the subje� t under
discussion and be free to discuss this in open session." The Village Clerk
conferred with Village Attorney Carden and she concurs that this is not clearly
defined as to the release of closed meeting minutes from January through June,
2004 as was requested. Therefore, the Clerk brought this agenda item back to the
Board for the approval as requested. I
Motion by Trustee Caleel, seconded by Trustee Aktipis, to pass Resolutil
BD- CL- MIN -EXI -R -884, A Resolution Approving the Release of
Meeting Minutes. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) RESOLUTION 2004
APPROVAL OF THE
;D- FP +ZO -V -R -885 "A RESOLUTIOl
Dn 2004 -
Closed
L PLAT OF SUBDIVISION FOR MCDONALD'
SPRING ROAD RESUBDIVISION NO 2 AND GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 14 -6 -3K OF TITLE 14
( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE RELATIVE TO
PUBLIC UTILITY EASEMENTS, AND REQUIRING A COVENANT AS TO
SETBACK ALONG COMMERCE DRIVE ".
On August 16, 2004, a special meeting was held by the Village Board with
representatives of the McDonald's Corporation to discuss issues raiseid at the
August 10, 2004 Board meeting relative to the planned development of a
McDonald's restaurant and related site improvements at the property located at the
northeast corner of 22nd Street and Spring Road. 1
As a result of that meeting, McDonald's has submitted the following revisions-
Text Amendment Booklet
• Exhibit 8.4.1 — providing revised monument sign details.
VILLAGE OF OAK BROOK Minutes Page 8 of 22
a
August
Z4, 2004
3 been reviewed by the Board as the matters discussed involved personnel issues regarding
the Police Chief.
I
Trustee Aktipis stated the minutes from January through June, 2004 could be released to
the public at this time.
Trustee Caleel asked to discuss the Police Chief agreement before the motion is voted
upon. He stated at the last Village Board meeting that Attorney Kubiesa was asked to
give a legal opinion whether or not the Police Chief contract was valid. Attorney Kubiesa
indicated it was a valid contract. Trustee Caleel recapped the May 11, 2004 Board
meeting in which the Trustees discussed the terms of severance of Police Chief Pisarek.
They discussed only two items what his severance pay would be and the fact that he
wanted insurance coverage for himself and his wife until the age of 65 The Board voted
against that issue and agreed upon COBRA. The second request was for done year
severance and the Board did not concur with that and the Board discussed whether it
should be three months or six months. He explained that three Board members concurred
for a three month severance and three Board members concurred for six month severance.
The Village President cast the deciding vote for six months The Board adjourned from a
closed meeting to the regular Board meeting and a motion was approved in open session
according to the minutes he received. Trustee Caleel stated the Village Attorney cited the
Rice case that no final action could be taken on a subject unless it was placed on the
agenda as that item was not on the agenda. He indicated that the contract was drafted by
an outside attorney on behalf of the Village of Oak Brook and its Board of Trulstees and
contained not only the severance pay but other multiple items including a gag irder. He
stated that nothing of that nature was discussed by the Board of Trustees and they did not
authorize an outside attorney to prepare the severance contract. The Board assumed that
any contract to be signed would be brought to the Board of Trustees in open session to be
voted upon which was not done. He stated he disagreed with Attorney Kubiesa's legal
opinion.
Attorney Kubiesa stated the Rice case involves the Open Meetings Act. He stated that the
question he was asked by the Board was the validity of the contract. He indicated
whether or not the Open Meetings Act was violated is not important to the issue of the
validity of the contract as it was not part of his opinion. Trustee Caleel stated that when
the Board adjourns to a closed meeting, that the Village President indicates to I the press
that no decision will be made and he stated that the entire situation is not valid and
disagrees with Attorney Kubiesa's opinion. Trustee Caleel suggested that the contract
should be made public.
President Quinlan stated this is not a hearing but the Board of Trustees must proceed with
the business at hand.
Trustee 7annis asked Attorney Kubiesa if formal action was taken by the Board of
Trustees without it being on the agenda. Attorney Kubiesa indicated that appropriate
VILLAGE OF OAK BROOK Minutes Page 3 of 22 August 24, 2004
in